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State v. Martin

Court of Appeals of Ohio, Fifth District

September 26, 2013

STATE OF OHIO Plaintiff-Appellee
v.
ANDREW R. MARTIN Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case No. CR2009-0110

For Plaintiff-Appellee ROBERT L. SMITH, ASSISTANT PROSECUTOR

For Defendant-Appellant ANDREW R. MARTIN PRO SE, CHILLICOTHE CORR. INSTITUTION

William B. Hoffman, P. J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

JOHN W. WISE, J.

(¶1} Appellant Andrew R. Martin appeals the decision of the Muskingum County Court of Common Pleas.

(¶2} Appellee is the State of Ohio.

(¶3} This case comes to us on the accelerated calendar. App.R. 11.1, which governs accelerated calendar cases, provides, in pertinent part:

(¶4} "(E) Determination and judgment on appeal. The appeal will be determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form. The decision may be by judgment entry in which case it will not be published in any form."

(¶5} This appeal shall be considered in accordance with the aforementioned rule.

STATEMENTS OF FACTS AND CASE

(¶6} On April 7, 2005, Appellant Andrew R. Martin was convicted of a sexually oriented offense in the state of Wisconsin, Case Number 2005JV000979, and was sentenced to an eighteen (18) month prison term at the Department of Youth Services in Wisconsin. Upon completion of this prison term, Appellant was obligated to register once a year for fifteen (15) years as per Wisconsin's enactment of Megan's Law.

(¶7} After serving his prison sentence, Appellant moved to Ohio, where he resided in both Licking and Muskingum Counties. On May 28, 2009, Detective Yarger of the Muskingum County Sheriff's Department became aware that the Appellant, who had been charged with Failing to Register upon his entry in Licking County, was now residing in Muskingum County. Further investigation revealed that Appellant was residing in Muskingum County and had failed to register his change of address within three (3) days of entering this county.

(¶8} On or about June 3, 2009, Appellant was indicted by the Muskingum County Grand Jury upon one (1) count of Failure to Register as a Sexual Offender, in violation of R.C. ยง2950.04, a felony of the first degree. Both the indictment and the bill of particulars alleged that Appellant had been convicted of a sexually orientated offense, to wit: First Degree Sexual Assault of a Child, a felony of the first degree, in the Circuit Court of Milwaukee County, State of Wisconsin, Case ...


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